Senator Jeff Flake (R-AZ) has promised to vote against all new judicial nominees until Senate leadership agrees to allow a vote on a bipartisan bill that would protect Special Counsel Robert Mueller should President Trump try to fire him without cause.
Now with the fate of Thomas Farr, Trump's controversial nominee to be a U.S. District Court judge for the Eastern District of North Carolina, hanging in the balance, some senior Republicans are considering giving Flake what he wants.
CNN:
Senate Majority Whip John Cornyn told CNN on Tuesday that GOP leaders are whipping the Mueller bill to see where the votes are.
"We are whipping the bill to see where people are, to give us an idea of what the outcome would be," he said. It is likely to fail since it would almost certainly need 60 votes for passage and most Republicans oppose it, either saying it's unnecessary or contending it's unconstitutional. Republicans control 51 seats to Democrats' 49.
Cornyn said he strongly opposes the Mueller bill, but GOP leaders may allow the bill to get a vote in order to get Flake to back off his opposition to all judicial nominations until there is a vote on the Mueller bill.
Senate Majority Leader Mitch McConnell, however, said Tuesday that if other senators tried to bring the bill to the floor through unanimous consent, he would oppose it.
(...)
Flake on Tuesday would not commit to backing the Farr nomination if the special counsel bill is brought to a vote, saying he would consider it "on the merits."
He also said he's rejected offers by GOP leaders to vote on a non-binding resolution or something to demonstrate that the votes aren't there to pass the measure. But he said if the Senate rejects the Mueller bill, the fight is essentially over, a sign he won't demand it be added to a bill to keep the government open.
"If it fails, that's it -- I can't require passage," Flake told CNN. "What I can require is that it be brought to a vote."
In an interview, Flake said that he is standing firm and will not acquiesce to a nonbinding resolution on protecting the special counsel. This summer, Flake took a similar stand to demand a vote on congressional authority over President Donald Trump's tariffs, but backed down after a nonbinding measure was considered.
"A resolution in place of a vote? No. It's got to be the bill," Flake said after Cornyn hinted that a vote was possible. "Let's vote."
CNN:
Flake, who sits on the Senate Judiciary Committee and is retiring at the end of his term in January, made his pledge not to back judicial nominees about two weeks ago, pushing for a floor vote on the Mueller protection bill. His call came after Trump fired Jeff Sessions and put in place Matthew Whitaker, a vocal critic of the Mueller investigation, as acting attorney general.
"The President has said that he's not going to move on the special counsel. But that's not enough," Flake said on the Senate floor on November 14. "And perhaps that's what gives comfort to the majority leader. ... But it doesn't give comfort to me."
Though Trump continues to rail against Mueller’s investigation into Russian interference in the 2016 election, McConnell has said the bill is not necessary and has shown little interest in holding a vote on it.
The legislation would ensure that special counsels can be fired for making mistakes on the job or other “good cause” and allows judicial review of firings for other reasons. It also would only allow Senate-confirmed officials to fire the special counsel; acting Attorney General Matthew Whitaker — a longtime critic of the Mueller probe — has not been confirmed.
For now, only a handful of Republicans support the Mueller protection bill, and few are pushing as hard as Flake, who said he believes the bill can get 60 votes.
"It's a hard bill to vote against," Flake said.
Senate GOP leaders may allow Mueller protection bill to come up for a vote (CNN)
Mueller protection bill could get Senate vote (Politico)
Controversial Trump judicial nominee in peril of Senate defeat (NBC News)